Full question:
My girlfriend is pregnant, but now she denies the baby is mine. She doesn't want me to take a paternity test. Is there any way I can get a court order to have it done, even if she refuses?
- Category: Paternity
- Subcategory: DNA Test
- Date:
- State: North Carolina
Answer:
Unmarried fathers have rights and responsibilities similar to those of married fathers. If you and your girlfriend are not married, it's important to establish legal parentage. Both parents can be listed on the birth certificate, and if you're not listed, you may be able to have your name added later by contacting the state Bureau of Vital Statistics.
To establish paternity, you can either acknowledge it voluntarily by signing a written admission or file a civil lawsuit. Paternity must be established for you to seek custody or visitation rights. In most states, a paternity action is a civil lawsuit that can be initiated by the mother, the alleged father, or the child, among others.
A court will not automatically order a paternity test just because a lawsuit is filed. It will review the petition to determine if there's enough information to justify the test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a designated facility. A court's determination of paternity is final and necessary for establishing the child's rights.
In North Carolina, if a paternity action is filed and a person is determined to be the father, a new birth certificate may be issued reflecting this determination (N.C. Gen. Stat. § 49-14).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.